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Testing the sand for Customary Use

Kaydence avatar
Beach Fanatic
24,884 views

My opinion! So let me get this straight...someone goes out of their way to leave their own backyard in Seagrove (surrounded by white sandy beaches) to drive to Vizcaya (2 days in a row) to sit on property already in dispute, to "test" taunt, provoke the homeowners there into calling the police and face possible arrest for trespassing? Wow, that's a special kind of stupid! Drawing lines in the sand? Really? Taking up time & valuable resources from the WCSO?

Sheriff Adkinson, you missed a prime opportunity! You put stupid people in jail all the time....you sir, missed your shot! :)

Replies

99
Kaydence avatar
Beach FanaticAuthor
#27
Here is the truth folks:

There was a deal made between our local blue mountain beach front owner Huckabee with the Speaker of the House Richard Corcoran.

Even the person that confided that information to me called it "dirty politics"

So we are the only ones in Florida stuck with this law and a have to prove customary use - in the meantime we have to stay on the wet sand on non-public beaches.

Huckabbe - you are a trader to your faith - to the people of Walton County - to the visitors that spend a lot of money to come to the beach - and the business owners who will suffer when this law impacts tourism and sales.

All that couldn't be said in the "SUNSHINE" last night? It had to wait for after the meeting in "outside conversation"? Why? Because its not polite politics to call a spade a spade in public?

Huckabee is not a local and never will be. He is an outsider who came here intent on bending all the rules the rest of us have played by since ancient times. He used his political career as leverage against real local people who have put their own blood, sweat, tears and livelihood on the line, only to have to defend themselves against a political powerhouse who we can't name in polite political circles. Really?

Hmmm, maybe that's why I don't get invited to the rich and famous political parties in Sowal hosted by Huckabee. My mouth has no filters and unlike you sir, I'm not intimidated by the thought of being removed or carted off to jail for standing up for what I believe. Dirty politics thrive where people draw lines in the sand, bury their heads in it or only talk about it in shady, dimly lit backrooms away from an unsuspecting public who ultimately foots the bill for the "cause".

Its just my opinion that if one really wanted to throw themselves on the proverbial sword to make a statement, another PRIME opportunity was lost last night because someone wants to be part of the politically elite but isn't willing to name names publicly.

Evil triumphs when good people do nothing....and the dirty politics continue unabated.
boomerang avatar
Beach Lover
#28
You are right - they talked about dirty politics but would not say in the open session..

but i always knew Huckabee was behind it and suspected Scott but now to learn it was Speaker of the House Richard Corcoran.

But they wanted us to get the word out.

Huckabee should not even be on Fox News anymore as a result of what he did here in South Walton.

Shame on him - he brings a bad name to Christians, Republicans, and the beach front owners.
Kaydence avatar
Beach FanaticAuthor
#29
You are right - they talked about dirty politics but would not say in the open session..

but i always knew Huckabee was behind it and suspected Scott but now to learn it was Speaker of the House Richard Corcoran.

But they wanted us to get the word out.

Huckabee should not even be on Fox News anymore as a result of what he did here in South Walton.

Shame on him - he brings a bad name to Christians, Republicans, and the beach front owners.

Huckabee makes me ever so thankful I'm not Christian. He personifies everything I abhor about religion and so does his daughter. If Huckabee really knew anything about the bible or had a clear understanding of it, he would know Ephesians talks about pitting neighbor against neighbor.

This isn't a party issue either.
boomerang avatar
Beach Lover
#30
I have a quote for Mr. Huckabee -(ie Fact or Fiction)

Luke 12:2

"There is nothing concealed that will not be disclosed, or hidden that will not be made known."

Teresa - don't judge the one who died for our all of our sins by men such as these.

Emerald Drifter avatar
Beach Fanatic
#31
Here is the truth folks:

There was a deal made between our local blue mountain beach front owner Huckabee with the Speaker of the House Richard Corcoran.

Even the person that confided that information to me called it "dirty politics"

So we are the only ones in Florida stuck with this law and a have to prove customary use - in the meantime we have to stay on the wet sand on non-public beaches.

Huckabbe - you are a trader to your faith - to the people of Walton County - to the visitors that spend a lot of money to come to the beach - and the business owners who will suffer when this law impacts tourism and sales.

To further make the point that this was aimed at Walton County, here is a link showing where Flagler County's BCC passed their own customary use ordinance at their June 18th meeting, ahead of the July 1 deadline. The article even states that HB631 was passed "to address an issue in Walton County". Flagler County Passes Precedent-Setting Ordinance Protecting Public Use of Private Beaches, But Its Future Is Uncertain | FlaglerLive

This needs Florida noonday SUNSHINE.
lazin&drinkin avatar
Beach Lover
#32
Here is the truth folks:

There was a deal made between our local blue mountain beach front owner Huckabee with the Speaker of the House Richard Corcoran.

Even the person that confided that information to me called it "dirty politics"

So we are the only ones in Florida stuck with this law and a have to prove customary use - in the meantime we have to stay on the wet sand on non-public beaches.

Huckabbe - you are a trader to your faith - to the people of Walton County - to the visitors that spend a lot of money to come to the beach - and the business owners who will suffer when this law impacts tourism and sales.

Walton is not the only county "stuck with this law". It apples to every county in the state save the two explicitly exempts specified in that law.
Beach Fanatic
#33
Contrast the Huckster with Emeril Lagasse, another famous outsider. Emeril moved here and immediately started giving to the community, donating, headlining fundraisers, etc. and hung out for a few years before starting a business and creating jobs.
Kaydence avatar
Beach FanaticAuthor
#34
Warning strong language

Kaydence avatar
Beach FanaticAuthor
#35
I have a quote for Mr. Huckabee -(ie Fact or Fiction)

Luke 12:2

"There is nothing concealed that will not be disclosed, or hidden that will not be made known."

Teresa - don't judge the one who died for our all of our sins by men such as these.


The truth always comes to the light.
bob bob avatar
Beach Fanatic
#36
Warning strong language

Welcome to South Walton! 30Ahole is a good term for him and others who threaten and excluse.
Kaydence avatar
Beach FanaticAuthor
#37
Welcome to South Walton! 30Ahole is a good term for him and others who threaten and excluse.


One of the things that struck me about this video is that the Mr. V. is on the beach himself, in a very confrontational manner with what appears to be 2 gentlemen (their language is "out there", and I understand why) and Mr. V. is in their faces with an apparent weapon in his hand yet, when Mr. Uhlfelder was down on the beach he stayed in the safety zone of his home.

Wow! What a difference in attitude!

One has a "daddy" with political connections in Tallahassee and happens to be an attorney and the other (what appears to be a from the audio) a Spanish or Mexican individual just trying to enjoy the beach, who wasn't making a political statement.

Perhaps the WCSO should be instructing Mr. V. to stay in his home and stop confronting individuals and let the police handle it.
BlueMtnBeachVagrant avatar
Beach Fanatic
#38
......Perhaps the WCSO should be instructing Mr. V. to stay in his home and stop confronting individuals and let the police handle it.

Excellent suggestion.

BTW, I hope we all can keep the topics of “religion and abortion” out of our interactions on the customary use issue. It only adds fuel to a roaring fire.

One more thing...in my opinion, these videos that we see from people at Vizcaya (not talking about Uhlfelder) exist not because the “harrased” are your typical innocent beach tourist, but are those who know the situation there and want flame the fans of controversy and get their 5 minutes of fame on YouTube.

Edited

bob bob avatar
Beach Fanatic
#39
Excellent suggestion.

BTW, I hope we all can keep the topics of “religion and abortion” out of our interactions on the customary use issue. It only adds fuel to a roaring fire.
I believe I should have the right to practice either on any stretch of beach.
Kaydence avatar
Beach FanaticAuthor
#40
BTW, I hope we all can keep the topics of “religion and abortion” out of our interactions on the customary use issue. It only adds fuel to a roaring fire.

:lol: :floor: :D :clap: :poop:
BlueMtnBeachVagrant avatar
Beach Fanatic
#41
To repeat... US includes anyone, locals, visitors and beach lovers near and far who care about keeping customary use of our beaches. Justin and Daniel care enough to go out and test the executive order which we now know has zero meaning or applicability. Their effort is just as important as anyone else's. We have a long way to go. Many challenges as a community. Let us work together.

Sorry, but if you think working together is pitting neighbor against neighbor and wasting the Sheriff’s resources and time, perhaps you need to revisit the spirit of truly working together. As a moderator, we all hold you to a higher level of standard.
steel1man avatar
Beach Fanatic
#42
Good for Daniel and Justin. good for Daniel about the confederate flag issue too.

I did vote for Tump but i will never forgive Huckabees role in this matter of customary use - and i am not a bigot!!!!!!
Old Huck also purchased Full Page Ads opposing mostly "Free" beach re-nourishment ..
Beach Lover
#43
Warning strong language



Florida Code on Criminal Assault:

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 .

Misdemeanors of the second degree in Florida can result in a jail term of up to 60 days and a fine of up to $500.

I would certainly make sure the Walton County DA sees this video. For such behavior there is NO excuse and should be no tolerance. I’m sure there is also a civil assault in Florida- which could go MUCH MUCH deeper into the ill-tempered bully’s pocket. Maybe that will calm him down since self-interest is clearly his prime motivator.
Just say’in.
FloridaBeachBum avatar
Beach Fanatic
#44
US is our South Walton community. ... All of the people who are residents visitors and beach lovers near and far who want to always be able to walk and play on the world's most beautiful [75% private] beaches They are us.
You left out private property owners. That's the problem. Respect private property rights. Stop the emotional pleas not based in facts. Read and understand the laws and regulations. Stop the deliberate misinformation and vilification of property owners who understand the facts better than most - even emotional irrational attorneys. Things will get better on the beach - don't and it won't.

Edited

FloridaBeachBum avatar
Beach Fanatic
#45
Show me one place in the Governors EO 18-202 where it references access to "the beach" or "private beach property". Every instance is access to "public beaches". The Governor EO assures access to PUBLIC beaches which all Floridians already have. The EO does not give permission to cross private property to access public beach. The EO does not give the public or attorneys who should know better permission to occupy private beachfront property. The EO does NOT give the Sheriff more discretion to NOT enforce the laws of the land. It does not give the Sheriff the ability to enforce property boundaries he makes up (wet sand) to substitute for the legal property boundary defined by the State of Florida (MHWL). If you read the EO it clarifies, not confuses, that the Governor directs state agencies to and local governments ... to ensure the ability of the public to access Florida's PUBLIC (not private) beaches ... unless you read it the way you what it to read and then regurgitate what you want to believe.
FloridaBeachBum avatar
Beach Fanatic
#46
To further make the point that this was aimed at Walton County, here is a link showing where Flagler County's BCC passed their own customary use ordinance at their June 18th meeting, ahead of the July 1 deadline. The article even states that HB631 was passed "to address an issue in Walton County". Flagler County Passes Precedent-Setting Ordinance Protecting Public Use of Private Beaches, But Its Future Is Uncertain | FlaglerLive

This needs Florida noonday SUNSHINE.
Lets see - Walton customary use ordinance "beat" Florida Statute 163.035 by over a year (April Fools day 2017) and was voided by the new law - because there was not due process before Walton commissioners declared customary use of private property. Why would you think if one legal complaint was filed in Flagler that their ordinance would not be voided as well after a few weeks?

Florida Statute 163.035 provides "due process" to beachfront property owners. Walton County is the only county to NOT provide due process to property owners - reversing the Constitutional roles - making property owners Plaintiffs against a county ordinance with the burden of proof to show their own Constitutional property rights are superior to Walton's declared (political) common law customary use - without being able to dispute Walton's "facts" that do NOT comply with the MULTIPLE criteria of historical custom. FS 163.035 corrects that and it is the Governments responsibility, as Plaintiff, to prove that Constitutional property rights are inferior to customary use with rules of evidence. That's a much higher governmental Plaintiff burden of proof and rightfully so. It only takes MILLIONS of Walton tax payers money to try.

Edited

Kaydence avatar
Beach FanaticAuthor
#47
Sorry, but if you think working together is pitting neighbor against neighbor and wasting the Sheriff’s resources and time, perhaps you need to revisit the spirit of truly working together. As a moderator, we all hold you to a higher level of standard.

Best post ever.
Emerald Drifter avatar
Beach Fanatic
#48
Lets see - Walton customary use ordinance "beat" Florida Statute 163.035 by over a year (April Fools day 2017) and was voided by the new law - because there was not due process before Walton commissioners declared customary use of private property. Why would you think if one legal complaint was filed in Flagler that their ordinance would not be voided as well after a few weeks?

Florida Statute 163.035 provides "due process" to beachfront property owners. Walton County is the only county to NOT provide due process to property owners - reversing the Constitutional roles - making property owners Plaintiffs against a county ordinance with the burden of proof to show their own Constitutional property rights are superior to Walton's declared (political) common law customary use - without being able to dispute Walton's "facts" that do NOT comply with the MULTIPLE criteria of historical custom. FS 163.035 corrects that and it is the Governments responsibility, as Plaintiff, to prove that Constitutional property rights are inferior to customary use with rules of evidence. That's a much higher governmental Plaintiff burden of proof and rightfully so. It only takes MILLIONS of Walton tax payers money to try.

You really should start writing a blog, or a novel. I am all for private property, and you will enjoy your beachfront home for now, but in the final decision, Florida's beaches will be deemed open and available to the public from Perdido all the way around to Fernandina Beach.
Kaydence avatar
Beach FanaticAuthor
#49
You left out private property owners. That's the problem. Respect private property rights. Stop the emotional pleas not based in facts. Read and understand the laws and regulations. Stop the deliberate misinformation and vilification of property owners who understand the facts better than most - even emotional irrational attorneys. Things will get better on the beach - don't and it won't.


This is for both you @FloridaBeachBum and @BlueMtnBeachVagrant...

We know of each other but I don't think I have ever met either of you. If I were to come to the beach and sit peacefully and quietly on the dry sand would I be escorted off your property for trespassing? If the answer is no...

If I came and brought my 10 by 10 tent, gas brill, boom box, big screen TV, a keg of coors light and invited 75 first year college students would I still be welcome? :D

The reason I'm asking is I think there should be a happy medium even though I realize you believe according to the law you don't have to negotiate your property.
Beach Lover
#50
You really should start writing a blog, or a novel. I am all for private property, and you will enjoy your beachfront home for now, but in the final decision, Florida's beaches will be deemed open and available to the public from Perdido all the way around to Fernandina Beach.
And they will all be gone because of Trump's environmental disaster idiocy and his friends' greed.
jodiFL avatar
Beach Fanatic
#51
I think I will just post this comment of mine in this thread too...
"IMO..alot of this could have/would have been avoided if they would just require the property owners prove they own the property. Show a current survey that clearly states where the MHWL is and not some wet sand/dry sand BS. All the sand is wet at some point and gets dry real quick in the Florida sun. I cant live next to a vacant lot anywhere else in this county,call the cops on someone for trespassing then not prove that I actually own the property. All the people are saying that he/she/them are trying to take their property but I havent seen anyone offering up a current survey to show it belongs to them. I am not talking about some plat picture on some website, I am talking about a current, stamped by a registered surveyor, legally binding, survey. I have seen people posting aerial plat pictures but I can do that with Google maps and any photo editing program on any computer. Those surveys would put alot of the "confusion" to rest but no one seems to want to produce one. The DEP required one for them to get a permit to build, the bank required one to loan them money, how about the sheriff require one to prove where the MHWL is. Could it be that the surveys show that the MHWL is alot closer to the toe of the dune than they want people to know?"

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